How to Check If Your Car Manufacturer Opted Into the New Lemon Law Rules

Buying a new car should be an exciting experience, but when you’re faced with a persistent defect, the California Lemon Law is your most powerful protection. However, rSB 26 and AB 1755 have created a two-track system, making one crucial question more important than ever: Has your car manufacturer opted into the new, streamlined lemon law procedures?

The Dual System: Why Your Manufacturer’s Choice Matters

SB 26 and AB 1755 were designed to create a faster, more efficient path for consumers to resolve their lemon law claims. However, this new process is voluntary for car manufacturers. They have been given a choice:

1. Opt-In (The New System – AB 1755): Manufacturers choose to participate in the streamlined procedures. This track is designed for faster resolution and includes mandatory timelines.
2. Stick to the Old System: Manufacturers who do not opt in remain under the previous California Lemon Law rules, which can involve a different, and sometimes longer, process.

This manufacturer’s approach creates a dual system in which the process for one consumer could be completely different from that for another, even for a similar vehicle defect. Your path to justice depends entirely on your vehicle’s brand. This is why Seven Law stresses the importance of checking the status first.

Your Actionable Steps: Checking the DCA Registry

Fortunately, the state has provided a centralized, public registry to verify a manufacturer’s decision. To find out if your carmaker is on the “fast track,” you must go directly to the source:How to Find the Manufacturer Opt-In List:

1. Navigate to the DCA Website: Start at the official website for the California Department of Consumer Affairs (DCA).
2. Locate the Arbitration Certification Program (ACP): Look for the section dedicated to the ACP. This program oversees the manufacturer’s registration for the new system.
3. Find the Published List: On the ACP page, the DCA is required to publish a list of all manufacturers that have officially opted in. The agency adds manufacturers within two business days of their formal election.
4. Verify Your Manufacturer: Check the list to see if your vehicle’s brand is explicitly named.

It is critical to understand that a manufacturer’s opt-in status is irrevocable for a five-year period once made. While this offers stability, the list is subject to annual updates, as manufacturers may change their decisions once the five-year term ends. Always confirm the current status if you initiate a claim

Key Rules for Opted-In Manufacturers 

If you verify that your manufacturer has opted into the new framework, you benefit from a more structured and accelerated process. Here are the key provisions that apply in this scenario:

• Mandatory, Accelerated Timelines: This is the biggest win for consumers. Manufacturers must offer restitution (a buyback) or replacement for your vehicle within 60 days of receiving notice of your claim. This specific timeline can significantly accelerate the resolution compared to the previous system.
• Required Pre-Litigation Notice: Before you can file a lawsuit seeking civil penalties, the new law requires you to send the manufacturer a formal, written notice of your intent to sue. You must provide this notice at least 30 days before filing. This step formalizes the demand for pre-litigation resolution.
• Applies to New Vehicles: The new law generally covers new vehicles purchased for personal, family, or household use. It also extends to vehicles purchased by small businesses that own five or fewer vehicles.
• Vehicle Sale Disclosure: A manufacturer that buys back a “lemon” from a consumer and then resells it is subject to strict disclosure requirements. They must inform the new buyer about the prior lemon law dispute concerning that specific vehicle. This provision provides transparency and protects subsequent buyers.

In essence, an opt-in status moves your case from the traditional, sometimes drawn-out lemon law process into a system that places clear, short deadlines on the manufacturer.

Documentation Is Your Power

Whether your manufacturer is in the new system or the old one, the foundation of any successful lemon law claim remains the same: comprehensive documentation.

We cannot overstate the importance of keeping every record, including:

• All repair orders and invoices.
• Any communication (emails, letters) with the dealership or manufacturer.
• A log of all the days your vehicle was out of service for repairs.
• Records of related expenses, such as rental car costs or towing fees, which may be covered as consequential damages.

The status of your manufacturer—whether they opted into AB 1755 or not—is a critical piece of information that will shape the strategy for your case. If you’re unsure how to proceed, or if the manufacturer is challenging your claim, legal counsel becomes essential.

Seven Law is here to help you. We are experts in California Lemon Law, equipped to navigate both the new, streamlined procedures and the existing framework. Knowing your manufacturer’s status is step one; working with a dedicated attorney is step two to ensuring you receive the full restitution you deserve.

Don’t let a manufacturer’s choice complicate your claim. Contact Seven Law today for a free consultation to understand your rights and start the process of getting out of your lemon.